Calif. farmers could face jail time for heat violations
SACRAMENTO, Calif. (AP) - Farmers could be tossed in jail and fined thousands of dollars if they fail to provide field workers with adequate water and shade under a bill that passed the state Senate on Tuesday.
California regulations already require growers to protect their workers from extreme heat, but the rules are enforced with civil penalties by the California Division of Occupational Safety and Health. Under AB2676, which passed on a party line 24-12 vote over Republicans' opposition, violations would be classified as misdemeanors, punishable by up to six months in jail and a $10,000 fine.
If a violation results in injury, farmers could face up to a year in a county jail and a fine of up to $25,000.
The bill returns to the Assembly for a final vote.
Prosecutors need the criminal penalties if they are to enforce the law, said Sen. Loni Hancock, D-Berkeley.
"It is a sad state of affairs that our current laws provide greater protections for animals than they do for farmworkers," Hancock said.
Republican senators said that argument is offensive to responsible growers. They said criminal penalties aren't necessary when current law already can be enforced by state safety regulators.
"By and large, farmers treat their employees well and humanely," said Sen. Doug La Malfa, R-Willows.
He and other Republican lawmakers objected that the measure is the second approved by the Senate in two days that would make it more difficult for growers to operate. On Monday, senators approved a bill requiring that farmworkers be paid overtime after working an eight-hour day or 40 hours in a week, the same as other non-management employees.
The bills will eliminate farmworkers' jobs by encouraging growers to shift to crops that can be harvested by machine, opponents said.
The heat safety bill is backed by both the United Farm Workers and The Humane Society of the United States, and opposed by the California Farm Bureau Federation and other groups representing growers and businesses.
At least 14 farmworkers have died of heat-related causes since 2005, when California adopted the nation's first rules requiring shade and water for the state's 450,000 farmworkers. Two deaths this summer are being investigated.
California regulations already require growers to protect their workers from extreme heat, but the rules are enforced with civil penalties by the California Division of Occupational Safety and Health. Under AB2676, which passed on a party line 24-12 vote over Republicans' opposition, violations would be classified as misdemeanors, punishable by up to six months in jail and a $10,000 fine.
If a violation results in injury, farmers could face up to a year in a county jail and a fine of up to $25,000.
The bill returns to the Assembly for a final vote.
Prosecutors need the criminal penalties if they are to enforce the law, said Sen. Loni Hancock, D-Berkeley.
"It is a sad state of affairs that our current laws provide greater protections for animals than they do for farmworkers," Hancock said.
Republican senators said that argument is offensive to responsible growers. They said criminal penalties aren't necessary when current law already can be enforced by state safety regulators.
"By and large, farmers treat their employees well and humanely," said Sen. Doug La Malfa, R-Willows.
He and other Republican lawmakers objected that the measure is the second approved by the Senate in two days that would make it more difficult for growers to operate. On Monday, senators approved a bill requiring that farmworkers be paid overtime after working an eight-hour day or 40 hours in a week, the same as other non-management employees.
The bills will eliminate farmworkers' jobs by encouraging growers to shift to crops that can be harvested by machine, opponents said.
The heat safety bill is backed by both the United Farm Workers and The Humane Society of the United States, and opposed by the California Farm Bureau Federation and other groups representing growers and businesses.
At least 14 farmworkers have died of heat-related causes since 2005, when California adopted the nation's first rules requiring shade and water for the state's 450,000 farmworkers. Two deaths this summer are being investigated.
Why would anyone oppose this? Oh wait, it was the republicans.
Agua pura muy bueno por favor, gracious
That has always been one of the Pubbys' maiun agendas - destroy workers' rights.
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Responsible employers are not the issue. Abusive ones are. Sic 'em!!
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As a teenager I grew up in Oregon picking strawberries and beans during the summer to earn money.
I remember strawberry picking started about 7 and ended about noon because it was too hot. Green beans however went on all day. On a good day you picked about 200 pounds of beans.  At 2 3/4 cents per pound it was only about $5.50 per day. Of course back then the minimum wage was only $1.50 an hour.
Just the nature of what happens when allow capitalism to run everything. They hire illegal aliens because they know they won't complain. They pay terrible wages with terrible working conditions because they know the workers won't complain. Farming is one place where unions really need to make a comeback to protect the workers.
Republican senators said that argument is offensive to responsible growers. They said criminal penalties aren't necessary when current law already can be enforced by state safety regulators.
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Um, the laws aren't targeting responsible growers. They're targeting the growers who would rather pay a fine than treat their workers well.
 @Waif THANK you! Responsible growers don't need to worry about this law at all, it won't change anything they are doing if they are already doing things right. But it WILL spur other farms to realize that the financial cost of treating their pickers worse than animals is too high a price compared to providing them with water and some shade and making sure they're still alive at the end of the day.
It's a sad state of affairs that there needs to be a regulation in the first place, let alone a criminal law, that states that farmers need to provide adequate DRINKING WATER to their field hands.
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It's even more stunning that anyone would fight this idea and then try to build the argument that requiring DRINKING WATER for field hands could force farmers to grow crops that don't need field hands.
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Seriously?
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SERIOUSLY???
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How much does a stack of red Solo cups and a couple of 5 gallon Jerry cans cost?
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We're so screwed as a nation. Oh that's right, any American would love to work under these conditions - that's the other ridiculous argument. Sorry, but if I'm going to be in 100 degree full sun picking peppers, the least my employer could do is provide me some water to drink a freckin' port-a-pottie.